S. 3874: Prohibiting Political Prosecutions Act of 2026

The Prohibiting Political Prosecutions Act of 2026 aims to ensure that political considerations do not influence legal actions taken against individuals by government attorneys or investigators. Here are the main points about what the bill proposes:

Key Provisions

The bill makes several amendments to current laws regarding prosecutions and investigations in federal cases:

• Definition of Covered Individuals: It defines who is considered a "covered individual," which includes officials from the FBI and other federal agencies, as well as U.S. attorneys and prosecutors.
• Prohibition on Political Considerations: Attorneys and investigators are prohibited from considering a person's political beliefs, associations, or activities when deciding to prosecute or investigate. They cannot start or recommend a prosecution to influence a person's political views.
• Attestation Requirement: Criminal complaints and applications for warrants must include a statement confirming that political beliefs were not considered in the investigation or prosecution.
• Right to Sue: Individuals who believe their prosecution was influenced by political factors have the right to bring a civil lawsuit against the responsible government employees.

Grand Jury Reforms

The bill introduces changes to grand jury procedures. These include:

• Exculpatory Evidence: The government must inform a grand jury of any evidence that could exonerate a defendant.
• Impeachment Information: Any information that could undermine the credibility of a witness must also be shared with the grand jury.
• Grand Jury Vote Transparency: Defendants can request information about how many grand jurors voted to indict them.

Prohibition of White House Influence

The bill states that no President or White House employee can direct or indirectly influence judicial decisions on individual cases. This section also reinforces that Justice Department employees cannot take such directions into account when making prosecutorial decisions.

Reporting and Accountability

It requires employees of the Department of Justice (DOJ) and the FBI to report any instances where political factors were taken into account in investigations or prosecutions. The DOJ’s Office of Professional Responsibility and the Inspector General are tasked with handling these reports and conducting investigations.

Severability Clause

If any part of this bill or its amendments is found to be unconstitutional, the rest of the provisions will remain in effect.

Relevant Companies

None found.